(a) The agency shall deduct from any amount claimed for reimbursement
an amount of allowable costs equal to the greater amount applicable for the
owner/operator contribution as described in this section.
(b) The owner/operator contribution for each occurrence shall
be as follows:
(1) for a person who owns or operates a total of 1,000 or more
single petroleum storage tanks, $10,000;
(2) for a person who owns or operates a total of 100 - 999
petroleum storage tanks, $5,000;
(3) for a person who owns or operates a total of 13 - 99 petroleum
storage tanks, $2,500; and
(4) for a person who owns or operates a total of less than
13 petroleum storage tanks, $1,000.
(c) If an owner or operator does not submit a site assessment
in accordance with §334.78 of this title (relating to Site Assessment)
before December 23, 1996, the owner/operator contribution for each occurrence
shall be as follows:
(1) for a person who owns or operates a total of 1,000 or more
single petroleum storage tanks, $20,000;
(2) for a person who owns or operates a total of 100 - 999
petroleum storage tanks, $10,000;
(3) for a person who owns or operates a total of 13 - 99 petroleum
storage tanks, $5,000; and
(4) for a person who owns or operates a total of less than
13 petroleum storage tanks, $2,000.
(d) If an owner or operator's corrective action plan as required
by §334.81 of this title (relating to Corrective Action Plan) is not
approved by the agency before June 23, 1998, the owner/operator contribution
for each occurrence shall be as follows:
(1) for a person who owns or operates a total of 1,000 or more
single petroleum storage tanks, $40,000;
(2) for a person who owns or operates a total of 100 - 999
petroleum storage tanks, $20,000;
(3) for a person who owns or operates a total of 13 - 99 petroleum
storage tanks, $10,000; and
(4) for a person who owns or operates a total of less than
13 petroleum storage tanks, $4,000.
(e) If an owner or operator's corrective action plan as required
by §334.81 of this title is not approved by the agency before December
23, 1999, and if the owner or operator has not met the goals specified in
the plan to be met by December 23, 1999, the owner/operator contribution for
each occurrence shall be as follows:
(1) for a person who owns or operates a total of 1,000 or more
single petroleum storage tanks, $80,000;
(2) for a person who owns or operates a total of 100 - 999
petroleum storage tanks, $40,000;
(3) for a person who owns or operates a total of 13 - 99 petroleum
storage tanks, $20,000; and
(4) for a person who owns or operates a total of less than
13 petroleum storage tanks, $8,000.
(f) An owner or operator of a site for which a closure letter
has been issued on or after September 1, 1995, the owner/operator contribution
for each subsequent release occurrence shall be $50,000.
(g) It shall be presumed for purposes of this section that
a person owns:
(1) the number of tanks for which he is registered as the owner
in the records of the agency on the date that an administratively complete
application is filed with the agency; or
(2) the number of tanks actually owned by the eligible owner
or operator on the date that an administratively complete application is filed
with the agency, whichever is greater.
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